Laws Affecting Definitions of Misdemeanor Battery

Misdemeanor battery charges vary in different states of the country. For example in the state of Wisconsin, crimes that are designated as a “battery,” “an aggravated battery” or a “substantial battery” may include a variety of charges ranging from a case of simple assault to that of domestic violence or even causing physical harm to another individual. As per Wisconsin law, there is nothing that is specifically stated as an “assault.” 

The charges that fall under the category of a battery include:

* The intention of an individual to cause physical harm to another
* Causing bodily harm without the consent of the one on whom it is inflicted
* Causing physical harm to another

All these charges of misdemeanor battery may lead to the accused being sentenced to a period of 9 months in jail or the imposition of a fine amounting to $10,000 as per Wisconsin law.

A substantial battery charge is brought when the defendant has inflicted considerable physical damage to the victim.  If found guilty the defendant can be sentenced up to a prison term of three years and also the imposition of a fine of $10,000.  On the other hand, one who is charged with aggravated battery in Wisconsin may have to serve a prison term of 25 years and also pay fine of $10,000. Both substantial battery and aggravated battery fall under the category of felony in the state.

California Misdemeanor Battery

In the state of California, a battery is defined in the Penal Code 242 PC.  The term is defined as intentional and unlawful touching that is harmful or offensive for the other person. Even if one is touched slightly, doing so in an offensive way can result in the imposition of misdemeanor battery charge. If the damage done to the other person is tantamount to serious physical injury then it is classified as aggravated battery under California Penal Code 243(d).

Under PC 242, if the bodily injury is not of a serious nature, then it falls under the category of misdemeanor battery. However, there is one exception to this situation. If the harm is done to a peace office in the state, then the consequences are severe as stated in the California Penal Code 243 that lays down the penalties for a battery against peace officers. If the victim is a police officer, a peace officer or even a civil servant, then the crime ceases to be misdemeanor battery and is seen as a felony.

Indiana Misdemeanor Battery

The misdemeanor battery laws in the state of Indiana are laid out in Chapter 2 of the IC 35-42-2 that includes the statutes on battery and other related offenses. IC 35-42-2-1 states the situations under which a misdemeanor battery charge is leveled.  These include inflicting bodily harm against the following people and under the following circumstances:

* When the crime is committed against a firefighter while the latter is on duty as stated in IC 9-18-34-1
* When physical harm is caused to another person
* When the crime is committed against a community policing volunteer when he is on duty as elaborated in IC 35-41-1-4.7
* When it is committed against a law enforcement officer on duty
* When it is committed against the state chemist

All these above situations lead to the imposition of a Class A misdemeanor battery charge. When an individual deliberately touches another person in a state of anger, insolence or is rude to him or her this is identified as a Class B misdemeanor battery. The misdemeanor battery laws are different in each of the states of the country.